This property has a documented history as an industrial and manufacturing facility going back to 1946. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
Industrial manufacturing operations at this Wauwatosa property began in 1946 and continued through 1981, involving chlorinated solvents, paints, lacquers, and degreasers, with waste solvents historically disposed of on site and a 1,000-gallon gasoline underground storage tank abandoned in place before 1986. Dense non-aqueous phase liquid (DNAPL) from historical solvent use has been confirmed at the property, and a chlorinated volatile organic compound (CVOC) plume has migrated off-site to the northeast, contaminating groundwater beneath multiple commercial properties along North Mayfair Road with trichloroethylene (TCE) and vinyl chloride at concentrations exceeding Wisconsin DNR enforcement standards. The site is an active Wisconsin DNR Environmental Remediation Program case, with monitoring wells installed across three neighboring properties and public rights-of-way and off-site vapor intrusion assessments conducted as part of the ongoing investigation. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The chlorinated solvent contamination at this site originated from more than three decades of industrial operations conducted entirely before 1986, with DNAPL from those operations continuing to serve as a source of groundwater contamination across a multi-property plume. The comprehensive site investigation, groundwater remediation, off-site vapor intrusion mitigation, and long-term monitoring required under Wisconsin DNR oversight represent substantial future costs that those historical pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.